TRANSPO Ganzon vs. CA

Ganzon vs. CA

 Facts:

 Tumambing contracted the services of Ganzon to haul 305 tons of scrap iron from Mariveles, Bataan to Manila on board its lighter. Tumambing delivered the scrap iron to Niza, the captain of the lighter. The loading begun on the same day of the delivery. When about half of the scrap was loaded, the Mayor demanded from Tumambing P5,000.00; upon resistance, Tumambing was injured by a gunshot from the Mayor. After sometime, the loading of the scrap iron resumed. The Acting Mayor with three policemen, however, ordered Niza and his crew to drop the scrap iron to the water. He then issued a receipt stating the the Municipality of Mariveles had taken custody of the scrap iron.

 Issue:

 WON the carrier should be held liable.

 Held: YES.

 By the said act of delivery, the scraps were unconditionally placed in the possession and control of the common carrier, and upon their receipt by the carrier for transportation, the contract of carriage was deemed perfected. Consequently, the petitioner-carrier’s extraordinary responsibility for the loss, destruction or deterioration of the goods commenced. Pursuant to Art. 1736, such extraordinary responsibility would cease only upon the delivery, actual or constructive, by the carrier to the consignee, or to the person who has a right to receive them.

The petitioner has failed to show that the loss of the scraps was due to any of the following causes enumerated in Article 1734 of the Civil Code, namely:

(1) Flood, storm, earthquake, lightning, or other natural disaster or calamity;

(2) Act of the public enemy in war, whether international or civil;

(3) Act or omission of the shipper or owner of the goods;

(4) The character of the goods or defects in the packing or in the containers;

(5) Order or act of competent public authority.

Hence, the petitioner is presumed to have been at fault or to have acted negligently.

Besides, the intervention of the municipal officials was not In any case, of a character that would render impossible the fulfillment by the carrier of its obligation. The petitioner was not duty bound to obey the illegal order to dump into the sea the scrap iron.